R v Ryan (No 2) [2020] NSWSC 1420

R v Ryan (No 2) [2020] NSWSC 1420

It was in the interests of justice for Mrs Moya Reid to give evidence remotely because Australia was experiencing a public health emergency, in-person attendance would require significant air travel and exposure to airports and other public places, she was in a high-risk health category with a recent heart attack, she cared for her elderly husband, modern AVL technology was adequate, her evidence was important but not central to the determinative homicide issue, and the application was made entirely by consent.

Jurisdiction
Australia
Judgment Date
01 October 2020
Procedural Posture
Criminal Law Evidence Ruling / Application by Consent for Witness to Appear Via AVL During Trial
Outcome
Application granted; witness to give evidence remotely by audio visual link.
Legal Topics
['audio Visual Link Evidence' 'remote Witness Evidence' 'public Health Emergency Considerations' 'interests of Justice']
['criminal Law' 'evidence' 'criminal Procedure'] ['audio Visual Link Evidence' 'remote Witness Evidence' 'public Health Emergency Considerations' 'interests of Justice']

Case Brief

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Procedural Posture

Criminal Law Evidence Ruling / Application by Consent for Witness to Appear Via AVL During Trial

Legal Issues

  1. 1 ['Whether Mrs Moya Reid should be permitted to give evidence by audio visual link from Menindee rather than in person.' 'Whether, despite some anticipated cross-examination adverse to the witness, remote evidence would be in the interests of justice.']

Ratio Decidendi

It was in the interests of justice for Mrs Moya Reid to give evidence remotely because Australia was experiencing a public health emergency, in-person attendance would require significant air travel and exposure to airports and other public places, she was in a high-risk health category with a recent heart attack, she cared for her elderly husband, modern AVL technology was adequate, her evidence was important but not central to the determinative homicide issue, and the application was made entirely by consent.

Court Disposition

Application granted; witness to give evidence remotely by audio visual link.

Orders

  • ['Mrs Moya Reid is to give evidence remotely from the far west of New South Wales.']